Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
Pursuant to section 4 of the Shipping Circular No. 14 of 2013, Maritime Labour Convention 2006 - Application to MODU Code Certified Ships as well as Persons on Board, of 6 August 2013, issued by the Maritime and Port Authority (MPA) of Singapore, the MLC Tripartite Working Group (TWG) has agreed that the following categories of persons working on board Singapore ships should not be regarded as seafarers for the purposes of application of the MLC.
- Harbour pilots
- Port workers
- Persons temporarily employed on the ship in port
- Guest entertainers
- Surveyors
- Ship inspectors
- Superintendents
- Scientists
- Researchers
- Divers
- Repair technicians
- Specialist offshore technicians
In addition, privately contracted security personnel should also not be regarded as seafarers for the purposes of application of the MLC.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
According to section 3 of the Maritime and Port Authority Shipping Circular No. 14 of 2013, dated 6 August 2013, Singapore's MLC Tripartite Working Group (comprised of the Singapore Maritime Officers Union (SMOU), Singapore Organisation of Seamen (SOS), the Singapore Shipping Association (SSA) and the Singapore Maritime Employers Federation (SMEF)) has agreed that the MLC, 2006 will not apply to Mobile Offshore Drilling Units (MODUs) as defined in the International Maritime Organisation (IMO) MODU Code (see Shipping Circular No. 08 of 2013), nor to Singapore ships that comply with the IMO MODU Code and hold a MODU Safety Certificate.
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
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